Seeking Compensation for Personal Injury – Settlement Offer Before A Claim

In a few cases, a plaintiff or a plaintiff’s lawyer may notify a would-be defendant that they mean to file a claim, unless he or she compensates the plaintiff for the injuries he or she sustains. While such a case isn’t the main issue of this article, it’s worth noting that if a claim involves a substantial amount, both defendant and plaintiff would be better off getting legal advice before proceeding with anything.

It’s possible to pay an expert attorney an hourly payment to assess the case as well as the settlement offer, rather than having to pay a huge contingency payment for a tiny amount of work.

Consider Who’s Making the Settlement Offer

As soon as the complaint has been submitted, a settlement offer will be initialized by either the defendant himself or their insurance company.

And if the defendant has very little insurance (or none at all) to cover probable liability for the claim, the plaintiff will have to decide if the defendant has enough funds to pay for damages if the plaintiff is successful at trial. If the defendant has little money and only a few assets, the plaintiff isn’t going to receive much, regardless of the amount of the damage award.

And if an offer from the poor defendant is not much less than what the plaintiff could wish to get following a trial, settling, and evading the hassle may be the best way. But if the plaintiff is really determined to punish the defendant, then winning an award during the trial could result in permanent credit damage and bankruptcy for a defendant who can’t pay.

auto accident attorney
Damaged vehicles in an automobile accident

When you are seeking compensation for a personal injury, there’s a very good possibility that you’re going to be encountering some form of the insurance company. Insurance Claims After an Accident: The Basics by Find Law talks about the essentials of the matter. Here’s an excerpt:

“The Insurance Claims Process

Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.

The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property.

After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident.”

If the defendant’s insurance covers the claims of the plaintiff, then the insurer will frequently be controlling the defense (not always, though). Not like with an uninsured one, a plaintiff doesn’t have to worry about the insurer running out of cash as there are “insurance guarantee” funds that’ll cover a plaintiff’s claim if a company goes broke.

The main consideration here is what the insurance policy limits of the defendant are. A defendant will need to pay an out-of-pocket cost for any awards that exceed the policy limit.

And so, if the limit is reduced and the defendant cannot pay, a low settlement offer could be enough. But if the limit is high, the plaintiff won’t have to think about the amount of cash required to pay a probable damage award and can concentrate on other aspects.

A business man with his working bag

Consider the Offer’s Timing

The other main thing to think about is when the initial offer is made. If the plaintiff is unrepresented and hasn’t developed the case by collecting facts, a represented defendant or insurance company will most likely provide a settlement offer that’s low proportionate to the possible damages.

If the defendant or insurance company knows the plaintiff is in need of money or new to the process of litigation, then the offer might be even lowered.

In How The Insurance Adjuster Handles Your Personal Injury Claim by All Law, it talks about how insurance adjusters approach personal injury claims.

“How an Insurance Adjuster Decides on an Offer

In personal injury cases, insurance adjusters usually consider the same factors that juries would look at in deciding what damages are appropriate. This means the adjusters are usually looking at:

  • Actual expenses (medical bills and costs) that have been incurred and that will be necessary in the future
  • Actual losses in the form of lost income or lost wages
  • Pain and suffering damages
  • Emotional distress damages

Some of these costs (those for actual expenses and losses) are very easy to determine. The numbers can just be added up. Pain and suffering, on the other hand, is much more subjective.”

After you have received the first response to your injury claim, learn about the things you need to think about in a settlement offer in All Law’s Responding to the First Personal Injury Settlement Offer.

“Consider the Timing of the Offer

The other primary factor to consider is when the first offer is made. If a plaintiff is unrepresented by an attorney and hasn’t developed the case by gathering facts (or worse, doesn’t even know how to do so), an insurance company or represented defendant will most likely give a settlement offer that is low relative to the potential damages.

If the insurance company or defendant knows that the plaintiff is desperate for cash and/or new to the litigation process, the offer will be even lower.

On the other side of the spectrum, if a plaintiff is represented by counsel and the case has been developed, a first settlement offer from an insurance company or a defendant may be closer to what the potential damages might be at trial.”

Learn more about settlement offers and how insurance adjusters deal with it by clicking on this link – autoaccidentsanantonio.org.

 

Why You Need the Services of a Personal Injury Attorney

Are you having second thoughts as to whether you need a personal injury attorney in a personal injury case or not? If you are, then we will help you make up your mind in this section.

You need a lawyer for any severe injury case, or whichever case that requires expert legal knowledge or advanced financial support. Lawyers have the sufficient experience to negotiate settlements, and, if necessary, can file a court case. They can dedicate the huge amounts of cash and time required to bring cases to trial.

A lawsuit’s advance costs can entail taking the private investigators and expert witnesses into service, paying for depositions and court reporters, and a lot more. The most difficult cases, particularly against big businesses, can cost you a lot of money.

You need a lawyer for any severe injury case, or whichever case that requires expert legal knowledge or advanced financial support.
You need a lawyer for any severe injury case, or whichever case that requires expert legal knowledge or advanced financial support.

Cases that usually do require a lawyer include:

• Extreme injury cases, like dismemberment, wrongful death, compound fractures, scarring or major disfigurement, paralysis, eternal loss of function of body organs, long-term disability, permanent illness, as well as toxic exposure.

• Medical malpractice with intricate evidence and medical testimony.

• Class action cases, counting drug lawsuits against pharmaceutical corporations.

• Complex assessments of suffering and pain.

• Police brutality.

• Cases that need huge amounts of cash to prepare.

• Law questioning, making and filing of lawful briefs and memo.

• Hiring professional witnesses.

• Other cases that involve very multifaceted and extended evidences.

Making a Decision

Each case is special. If the proof or evidence is clear, dealing with your own case could cause a higher form of settlement, although not always. Nothing can assure you with a successful result. The choice to resolve your own claim or employ a lawyer rests generally depends upon the graveness of your injuries.

You may believe that your case is extremely strong, however, the insurance company might disagree with you. Instead of acquiring a small amount of settlement (or worse, nothing at all), it is best to employ a personal injury lawyer.

Anyway, it is always a great idea to obtain a free consultation.

How to Build a Personal Injury Claim following a Car Accident

If you’ve ever been into a car accident, then you must be asking a lot of questions about how to build a personally injury claim. This section will give you a number of pointers on how you can build your case.

First of all, it is important to remember that the responsibility for a car accident claim rests on the driver who is at fault. If their carelessness resulted in the accident, they are legally responsible for your damages.

Damages can include property damage, personal injuries, or both. If the mishap was your liability you do not have a case. You can merely file a claim by means of your insurance company. Damages in a personal injury include your lost wages, out-of-pocket expenses, medical bills, as well as pain and distress. Damages in property include car damage as well as any personal stuff within it.

Negligence and Damages

To win the claim, you should confirm that the other party was careless, and that his carelessness resulted in property damage or your own personal injury. If you do not have damages, then you do not have a claim, regardless of how irritated you may be with the other party.

Inspector. Graphic logo is my artwork. Thanks. Red leather Personal Injury Law book and gavel with gold embossed type and stylised icon of figure with arm in a sling embossed on the book cover and a Personal Injury writ.
Inspector. Graphic logo is my artwork. Thanks. Red leather Personal Injury Law book and gavel with gold embossed type and stylized icon of figure with arm in a sling embossed on the book cover and a Personal Injury writ.

You are either injured or you are not. Your vehicle is either damaged or it is not. Your moral decision has no stand on your case. Regardless of how speedy the other party was going, the number tickets the officer issued, or the level of his intoxication, without property damage or injuries, you do not have a case.

Example: Minor rear-end accident

At a red traffic light, a guy named Jim is stopped. A vehicle comes up high-speed behind him, and do not stop in time to avoid smacking into him. Jim as well as the other driver pulls off to the road side. When they get out of their individual vehicles to talk, the alcohol smell is apparent on the breath of the other driver. Jim immediately dials 911.

When the police turn up, they issue tickets to the other driver for ‘Failure to Obey a Traffic Signal’ as well as ‘Driving with an Expired License.’ Following the failure of a field sobriety test for the other driver, they arrest him for DUI.
The car of the other driver suffers some damages to the fore bumper. Jim’s vehicle has impact resistant bumpers, and is not damaged by any means. Neither driver is injured.

Does Jim have a legal claim against the drunk driver?

No. Though the other driver was evidently careless, and police issued him tickets then arrested him, Jim did not experience any damages. He had no property damage or personal injuries to root a claim in.

The damages requirement is not limited to vehicular accidents. When somebody has their property damaged or is injured caused by the negligence of someone else, they probably have a good claim. This can include defective products, dog attacks, slip and falls, etc.

This section will give you a number of pointers on how you can build your case.
This section will give you a number of pointers on how you can build your case.

Example: Foreign object in food

Mark together with his friends is dining at an eating place and finds a piece of shattered glass in his food. He’s upset since he may have consumed a piece of that object and been injured internally. He calls the manager over, and shows him the tiny object.

The manager makes an apology, stating a saucer broke inside the kitchen, and a piece of that dishware perhaps fell into Mark’s food. The manager creates an incident statement, and provides a free meal to everybody at the table.
Does Mark have a case?

No. He was not injured. It does not matter how traumatized or upset he was over discovering a piece broken of dishware in his food. What really matters is that he did not swallow the object and become injured. If he had consumed the object and endured internal injuries, the negligence of the restaurant, together with his injuries, could be a strong claim.

We hope that the information and examples we have presented in this section was helpful to you in some ways. If you want more information about how personal injury claims can be built, go to this website –